and ensure access to effective remedy for those whose
rights have been abused.
The UN Framework also addresses the responsibility
of businesses to respect human rights wherever they
operate and whatever their size or industry. Companies
need to be aware of their actual or potential impacts,
prevent and mitigate abuses, and address adverse
impacts where they are involved. The UN Framework
also makes the important clarification that the
responsibility of businesses exists independently of
the duty of State to protect human rights.
Finally, the UN Framework recognizes the
fundamental right of individuals and communities to
access effective remedy when their rights have been
adversely impacted by business activities. States must
ensure that the people affected have effective access
to remedy with the court system or other legitimate
non-judicial process. For their part, business
companies should establish or participate in grievance
mechanisms for these adversely affected individuals
or communities.
In 2011, the UN Human Rights Council unanimously
endorsed the UNGPs on Business and Human Rights, a
set of guidelines to operationalize the UN Framework.
Following the endorsement, the UN Working Group
on Business and Human Rights, consisting of five
independent experts, was assigned to guide the
implementation of the UNGPs.
The UNGPs contain three pillars: protect, respect and
remedy. Each defines concrete, actionable steps for
governments and companies to meet their respective
responsibilities to prevent human rights abuses in
company operations and provide remedies for such
abuses.
The STATE Duty to PROTECT
States must prevent, investigate, punish and redress
human rights abuses that take place in domestic
business operations. States should set clear
expectations that companies respect human rights
in every country and context in which they operate.
State actions shall include: (1) enacting and enforcing
laws to require businesses to respect human rights;
(2) creating a regulatory environment that facilitates
business to respect human rights; and (3) providing
guidance to companies on their responsibilities.
States should ensure that policies are coherent across
its departments.
The CORPORATE Responsibility to RESPECT
The UNGPs affirm that business enterprises –
regardless of size, sector or location – must prevent,
mitigate and, where appropriate, remedy human
rights abuses that they are involved with, including
those abuses that may have been carried out by their
suppliers or partners. This requires that business
enterprises have the necessary policies and processes
in place to meet this responsibility. First, companies
must institute a policy commitment to meet the
responsibility to respect human rights. Second, they
must implement human rights due diligence across
their operations, products and partners.3 Third, they
must have processes in place to enable remediation
for any adverse human rights impacts they may
have caused. Where businesses identify that they
have caused or contributed to adverse impacts, they
should cooperate in remediation through legitimate
processes.
Access to Remedy
When a right is violated, victims must have access to
an effective remedy.
It is the duty of the State to ensure that domestic
judicial mechanisms are able to address businessrelated human rights abuses effectively and do not
erect barriers (such as, administrative fees or lack
of language interpreters) that prevent victims from
presenting their cases. A comprehensive State-based
remedy system should also provide non-judicial
grievance mechanisms to adjudicate business-related
human rights complaints. Business enterprises
should also provide for, or participate in, effective
Human rights due diligence refers to the process of identifying and addressing the human rights impacts of a business enterprise across its operations and products,
and throughout its supplier and business partner networks. Human rights due diligence should include assessments of internal procedures and systems, as well as
external engagement with groups potentially affected by its operations.
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